(1) An application must include a plan to address adverse effect.  The plan must establish how the applicant will comply with a call and describe how the appropriation can be regulated during times of water shortage so the water rights of prior appropriators will not be adversely affected.

(2) The adverse effect plan may include:

(a) an agreement to measure appropriations and monitor water supplies;

(b) a plan to appropriate only when stream flows exceed certain trigger flow levels;

(c) the use of a mitigation or aquifer recharge plan as a means of offsetting adverse effect; or

(d) other conditions necessary to prevent adverse effects.

(3) For groundwater applications, the department will evaluate how water levels in wells of prior water rights could be lowered and the rate, timing, and location where water flow could be reduced by any amount from hydraulically connected surface waters.


History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2008 MAR p. 1979, Eff. 9/12/08; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2023 MAR p. 1872, Eff. 1/1/24.